Unite Immigrant Families™

Good morning and welcome back to Unite Immigrant Families. Rosemary Vega. I'm an immigration attorney here in Houston, Texas. know it's been some time my last podcast, but I'm back. Um, I felt like it was time that I recorded a podcast, especially right now because new fees that are going to be implemented April 1st. with the USCIS. Um, and some of these new fees are good. Some of them are bad. So, well, not bad, but they're an increase. And some of them are actually going down. So I don't see it as, as a bad thing, you know, but it is a fee change, right? today I have Mariana and she's my legal assistant. Hi Mariana. How are you today?

Hi, Rosemary. Good morning. I'm, I'm great. Thanks for asking. And thank you for having me. It is a pleasure for me to be here today.

Great. So we are going to discuss the fee changes with, uh, USCIS. And I wanted, I wanted you specifically on today's podcast because You do a lot of the forms and you have a lot of interaction with the clients. I wanted you to talk about how the fee increase or the fee change is going to affect some of your work because immigration is trying to change their system and they're trying to do a lot of stuff online, a lot of their applications online, they've, they're trying to incentivize by giving a little bit of discount on their fees to try to do some of these applications online. And some of these applications can be done online, and some of them might not be a good idea to be done online. Um, and that's why I wanted you explain, help me explain why some of these applications probably would not be a good idea to be done. Um, and also some of the difficulties we have had in doing the applications online with the client. Overall, I mean, I've done some of the applications online historically without a problem, recently been a few hiccups and that might just be USCIS changing their system and that might have been some of the hiccups. Um, let's go through some of the applications really quick because. I see that. Well, let's talk about why there's going to be an increase. You know, USCIS, they're usually self funded. So a lot of people don't know that, you know, they get very small percentage of their money. from, uh, from, you know, the government. Other than that, they're usually self funded. Their, their pays comes from the application fees. their salaries and whatnot. So, and they haven't had a pay increase in a long time, right? So it's kind of important to have that. Um, so that is really important, right? Um, USCIS us that it's about four or 5%. 95 percent of their funding comes from the appropriations of bill. And means the rest, 95 percent of their funding comes from filing fees. So that is huge, right? So they're raising fees because they need to Kind of work on the backlog, right?

Yeah. Yeah.

an I 130 is taking over a year. You know, the waivers, the I 601A waivers, They're taking four years. So our clients were saying they're, they're constantly calling us and what's the status? What's the status?

Oh, it's take, we're still pending. It's still pending, right? So this is why they're working on the backlog. They are, they really want to work on the backlog and they've told AILA, the American Immigration Lawyers Association, they've told us. That they are wanting to hire more employees to work on this backlog, um, hire more staff. Um, so that's important.

Sure. For doing so, they have to increase the fees. And that's the explanation of what they are doing, what they're doing now with the fees.

Absolutely. know, and especially because, because there is a lot more asylum applications and refugee support, so they need to hire more staff, right? So, I mean, we all know I've have asylum applications that have been pending almost nine, 10 years. So this is it. It is crucial. is crucial. Um, so look at what some of the fees will do. And some, like we mentioned, some of the fees are actually gonna go down

Yes. Sure.

they did look at, they did look at everything and they saw, okay, where are we getting a lot of fee waivers? Should we. maybe reduce the fees or do a fee exemption in these types of cases. And so we're going to talk about that as well. Okay. So one of the, um, applications just pops up in my mind is the I 130. You know, the I 130, if it's a standalone I 130, we could do that online. If there's an online version, a standalone I 130, we could possibly do it online.

Yes.

And there's a discount for that. Okay. what if it's a one step? And let me give you an example of what a one step would be for our listeners who may not know, who may not understand what a one step is. So let's say we have Karen and Karen is from Mexico and she entered the United States on a visitor visa. Let's say she entered back in 2000 and she stayed in, she overstayed.

She stayed in the United States and years later, many, many, many years later, she married James. who is a U. S. citizen. And because Karen entered the United States on a visitor visa, and because James is a U. S. citizen, she will be able to adjust her status in the United States. The process is going to look like this. We're going to file an I 130 and an I 45, with I 765, which is the work permit. Along with possibly an I 131, which is an advanced parole, perhaps. And then the I 864, which is the affidavit of support. And maybe if they need a co sponsor, but those are some of the forms that we, we would need to file. And Mariana, tell me what, what are some of those, how does that process look like? You, you, we use a, a program

Yes.

system

Yes. We use a program to file all the application to do the filing, but, uh, the problem would be, I mean, for me and in my experience, uh, working with those type of cases that you have to prove. Every application you're, uh, submitting, for instance, with the I 485, you are proving that you are going to adjust her, uh, her status, I mean, the status of Karen, so we will need to submit, uh, some evidence, I mean, along with the ID documents, for instance, her passport, her visa, so if we will be doing all the applications together or, I mean, separate, doing it, uh, with the online filing, uh, forms, we will need to do all the applications together or, I mean, separate, We're going to have most, uh, multiple packets, so it will be like double the work we do right now because right now we're, we're doing, what we are doing is doing a cover letter, doing a whole packet containing all the information we're just submitting once the ID documents, once the passport, once the evidence of the, uh, co sponsor, but doing it online, we have to do double the work or triple the work and prove it.

Everything, each time we submit an application, so that would be hard for us and maybe we will have to do even more and more work for the filing in a phase.

and with our program that we use. You enter the information time

Yes, just one.

and if the client comes back and says, Oh, I have changes it's easier to do the changes because we're just Changing the information and it it's it's not as hard because

  Hi, Rosemary. Good morning. I'm, I'm great. Thanks for asking. And thank you for having me. It is a pleasure for me to be here today.

Yes.

Yeah. Yeah.

Sure. For doing so, they have to increase the fees. And that's the explanation of what they are doing, what they're doing now with the fees.

Yes. Sure.

Yes.

Yes. Yes. We use a program to file all the application to do the filing, but, uh, the problem would be, I mean, for me and in my experience, uh, working with those type of cases that you have to prove. Every application you're, uh, submitting, for instance, with the I 485, you are proving that you are going to adjust her, uh, her status, I mean, the status of Karen, so we will need to submit, uh, some evidence, I mean, along with the ID documents, for instance, her passport, her visa, so if we will be doing all the applications together or, I mean, separate, doing it, uh, with the online filing, uh, forms, we will need to do all the applications together or, I mean, separate, We're going to have most, uh, multiple packets, so it will be like double the work we do right now because right now we're, we're doing, what we are doing is doing a cover letter, doing a whole packet containing all the information we're just submitting once the ID documents, once the passport, once the evidence of the, uh, co sponsor, but doing it online, we have to do double the work or triple the work and prove it.

Everything, each time we submit an application, so that would be hard for us and maybe we will have to do even more and more work for the filing in a phase.

Yes, just one.

Yes, it's not as hard doing it online because if we will doing it online, uh, we, we will have to change everything and maybe start from zero. Even though, uh, we have all, most of the information correct, we will have to start from zero and put all the changes. All the information again, not just the thing that we are going to change.

I mean, everything, and that's, uh, double the work.

So we will have to file that in physical and the rest of the application. I mean, the I 130 and the I 765, we will have to do it online and the rest physical, and it will be. Maybe a lot of work to have, uh, different applications. One doing physical, one doing online.

Yeah, sure, because they have to wait longer.

No, it's not. No, in those type of cases, it's not. It's not.

Or,

yes, and maybe the clients are thinking, Oh, we're saving money, but you're not. And you're losing time. Not just money, time. Because of, you're gonna be waiting more. Right. If we have to do all the changes and resend and resend to U-S-E-I-S information, and even if we are not able to provide all of the evidence because we need to prove that you enter legally to the US or that you are under a marriage, if we are not able to submit all the evidence, they, they wouldn't have all the picture.

So that would affect the clients.

Yes.

Even clients who are thick savvy and know how to use technology have had those type of problems because it is not an easy system. So we will have to explain them and retry and even have in person meetings. So that's kind of hard. Completely. Yeah.

Yeah.

Yeah, sure.

Yeah, I

have a question and I would like to clarify that on, on this topic. Those exemptions are going to be for just online filing or physical filing too.

Okay, perfect.

Very good.

Yeah,

yeah, sure.

Yeah, it could be great for clients to have that discount on their fees.

On all of the application of, or most of the applications. That's, that's great. That's awesome for clients.

Just, just one payment.

Yeah, sure. It's pretty important.

Oh, okay.

Online.

No, I think everything is clear, but I would like to clients think of of it as not just as, oh, we're saving money. No, think all of the picture and see that it is going to cost you even more if we file online some of the applications. So just, uh, think of it and, um, make a decision.

Thank you.

 you're not having to redo all that full forms all over again. It's, it's, it, yes, it's tedious, but it's, it's not as, as, um, just a change.

It's

it's not as hard doing it online because if we will doing it online, uh, we, we will have to change everything and maybe start from zero. Even though, uh, we have all, most of the information correct, we will have to start from zero and put all the changes. All the information again, not just the thing that we are going to change.

I mean, everything, and that's, uh, double the work.

Yeah. Because when you're doing it online, well, first of all, the I 130 is able, we're able to do online, the I 45, we are not able to do online. They don't have an online. It's not, they don't have that possibility yet to do online at this moment. So only a paper filing.

So we will have to file that in physical and the rest of the application. I mean, the I 130 and the I 765, we will have to do it online and the rest physical, and it will be. Maybe a lot of work to have, uh, different applications. One doing physical, one doing online.

And the problem, another additional problem is, well, in my experience is uploading some of these documents. Sometimes it gets, um, you're not able to read, to upload all those documents that we submit because there's a limit upload. Additionally, you submit the I 45, When it's a one step, especially when you have an I 130, in my experience, and in the experience of many of my colleagues, I have noticed that they, rejects the I 45, even if you have the receipt the I 130, or if you even have the approval of the I 130, because whatever reason, they want to see the application of the I 130. with the I 45. constantly having to send it back and send it back and send it back they notice it and they say, there's the receipt. So it, it causes us a lot more work, a lot more headache and that, and it's frustrating for us. It's frustrating for the

Yeah, sure, because they have to wait longer.

Yes. And they, the clients mad at us because they don't understand. That doing our job, we're doing it right, but they don't understand that USCIS is rejecting it because they're not seeing the receipt or they're not seeing the I 130. So it's not worth saving those 50.

No, it's not. No, in those type of cases, it's not. It's not.

Yeah. Cause we're going to end up charging the client

Or,

If you want to do I 130 online, filing, I'm, we're going to charge you a lot more because it's. too much of a headache. We're going to continue doing paper filing for those one steps because it just makes sense.

yes, and maybe

I

the clients are thinking, Oh, we're saving money, but you're not. And you're losing time. Not just money, time. Because of, you're gonna be waiting more. Right. If we have to do all the changes and resend and resend to U-S-E-I-S information, and even if we are not able to provide all of the evidence because we need to prove that you enter legally to the US or that you are under a marriage, if we are not able to submit all the evidence, they, they wouldn't have all the picture.

So that would affect the clients.

correct. That's the whole purpose of filing the one step all at once. Correct. Correct. that's really important, you know, um, but you know, going back, that's, that's one thing that's really, really, really important. And I think that that's really good too. To explain. And then some of the one thing, some of the things that, that, um, we've encountered just filing online is some of our clients have struggled with opening up their accounts, right? And we're trying to help them open up their accounts.

Even clients who are thick savvy and know how to use technology have had those type of problems because it is not an easy system. So we will have to explain them and retry and even have in person meetings. So that's kind of hard. Completely. Yeah.

Yeah. Yeah. And once they see in person what we're doing and, Oh, it's just this right here. It clicks for them, but it's kind of like, Oh. Yeah, I should have seen that from the beginning. I just didn't realize that that's what they wanted me to do. Yeah. Yeah. So it, sometimes it is, a learning curve and it's a learning curve for everybody, I think, but for clients who don't know how to use the internet, not familiar with the internet. are not tech savvy. It's going to be a struggle

Yeah.

online. It's really going to be a learning curve for them, I think. but a good note, right? Some of the filing fees are going to be maybe reduced or eliminated. Such like if you're filing for Adjustment of status based on VAWA, of status based on USED, Adjustment of status based on a T, Adjustment of status based on Special Immigrant Juvenile. Those cases, you're, you will have, you won't have a filing fee anymore,

Yeah,

great. You

sure.

I was really excited to contact a client this week and tell them, guess what? We're going to wait to file your applications till after April 1st, because. then you don't have to pay the fee.

Yeah,

they

I

pleased about that. very pleased. Um, so we may have to resign the forms, but that's okay.

have a question and I would like to clarify that on, on this topic. Those exemptions are going to be for just online filing or physical filing too.

It's physical filing because remember the I 45, only paper filing,

Okay, perfect.

paper filing. So that's the great, that's the great thing. Now, one thing though is starting with April 1st, prior to April 1st, you had the one step, the I 40 or, uh, let's say you had an I one 30 approved and you're filing I 45, I 7 65, and I 1 31. All of that was, all of those three applications were included in the filing fee for the I seven, for the I 45, now starting after April 1st.

Very good.

not the case anymore. So there will be a filing fee for a step for the work permit and a filing fee for the advanced parole. So that is, that's important to note. So, um, not only will the filing fee go up for the I 485, but you're going to have a filing fee for the work permit and you're going to have a filing for the, for the advanced parole. So that's, that is important to note. So I think that is it. Unfortunately for those people, it's not just an increase in filing fees, but it's an increase in, you're not going to get the benefit of having a I 765 anymore included. You're going to have to pay for that as well. Um, and then we also have the, and I wanted to mention the naturalization

Yeah,

So the naturalization application, You can also file online. There will be a discount 50 discount. I think for Naturalizations filed online. Okay, that's that's good. um, it's interesting because I was looking at the increases or the feed changes and It looks like there's gonna be if you if you If you don't meet the poverty guidelines by a certain range, you're, fee is going to be actually 380 versus what, versus, um, 760 710. So that could be good for a lot of people.

yeah, sure.

So we'll just have to see how that plays out because I'm wondering if they're going to institute a new form or how that, that's going to play out. We'll just see how that, that works. But, um, I'm, I'm...